S.I. No. 293/1948 - Labourers (Acquisition of Land) (Forms) Order, 1948.

S.I. No. 293 of 1948.

LABOURERS (ACQUISITION OF LAND) (FORMS) ORDER, 1948.

The Minister for Local Government in exercise of the powers vested in him by section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 , the Third Schedule to the said Act as amended by section 42 of the Housing (Amendment) Act, 1948 , and section 43 of the Housing (Amendment) Act, 1948 , hereby prescribes and orders as follows:—

1. The forms set out in the Schedule to this Order or forms substantially to the like effect shall be the prescribed forms in the cases to which the said forms are respectively expressed to be applicable for the purpose of—

(a) the Third Schedule to the Housing (Financial and Miscellaneous Provisions) Act, 1932 , as amended by section 42 of the Housing (Amendment) Act, 1948 ;

(b) section 43 of the Housing (Amendment) Act, 1948 , and

(c) section 17 of the Housing (Miscellaneous Provisions) Act, 1931 , as applied to compulsory purchase orders made under section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 .

2. The Labourers (Acquisition of Land) (Forms) Order, 1932, is hereby revoked.

3. This Order may be cited as the Labourers (Acquisition of Land) (Forms) Order, 1948.

GIVEN under the Official Seal of the Minister for Local Government this twenty-eighth day of August, One Thousand Nine Hundred and Forty-eight.

(Signed) T. J. MURPHY,

Minister for Local Government.

Form No. 1.

SCHEDULE.

COMPULSORY PURCHASE ORDER MADE FOR THE PURPOSES OF THE LABOURERS ACTS, 1883 TO 1948.

The Council of the County of....................................(hereinafter called " the Council ") hereby makes the following order:

1. Subject to the provisions of this Order the Council is hereby authorised to purchase compusorily for the purposes of the Labourers Acts, 1883 to 1948, the lands of the County Health District of       described in the Schedule hereto which lands are coloured      on a Map consisting of Ordnance Sheets marked ¹       and sealed with the Seal of the Council and deposited at the Offices of the Council.

2. Subject to any necessary adaptations the provisions of:—

(a) the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845) as amended by the provisions contained in the Labourers Acts, 1883 to 1948;

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 ,

as modified by the Third Schedule to the Housing (Financial and Miscellaneous Provisions) Act, 1932 , in the case of compulsory purchase orders made for the purposes of the Labourers Acts, 1883 to 1948, are hereby incorporated in this Order and the provisions of those Acts shall apply accordingly.

3. This Order may be cited as the ²      Order, 19  .

SCHEDULE

Present when the Seal of the Council was affixed hereto this.........................day of............................................................ ...19......

............................................................ .............

County Manager.

............................................................ ..............

Chairman or Nominated Member.

Directions for filling up this Form.

Insert :

¹Heading of Map which should be identified by a heading in the terms of the short title of this Order.

² Suitable short title.

³ Names of district electoral divisions should be arranged in alphabetical order.

Form 2.

ADVERTISEMENT OF COMPULSORY PURCHASE ORDER FOR THE PURPOSE OF THE LABOURERS ACTS, 1883 TO 1948.

Council of the County of................................................

................................................... ¹ Order, 19........

Notice is hereby given that the Council of the County of........................................................in pursuance of the powers vested in it by the above-mentioned Acts on the...................................day of............................................................ .......19............, made an Order entitled the ¹ ............................................... Order, 19...... which will be submitted for confirmation by the Minister for Local Government authorising it to purchase compulsorily for the purposes of the said Acts the lands described in the Schedule hereto.

A copy of the said Order and of the Map referred to therein has been deposited at ² ................................................... and may be seen at all reasonable hours.

SCHEDULE.

(here insert description of the lands comprised in the Order)

Dated this     day of            19  .

Signed............................................................ ............

Secretaty of the Council.

Directions for filling up the form.

Insert:

¹ Short title of Order.

² Description of place of deposit.

Form 3.

NOTICE TO OWNERS, LESSEES AND OCCUPIERS OF THE MAKING OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE LABOURERS ACTS, 1883 TO 1948.

THE LABOURERS ACTS, 1883 TO 1948.

Take Notice that the Council of the County of.......................................................in pursuance of the powers vested in it by the above-mentioned Acts on the        day of         19, made an Order entitled the ³ ......................................................Order, 19......, which is about to be submitted for confirmation by the Minister for Local Government authorising it to purchase compulsorily for the purposes of the said Acts the lands described in the Schedule hereto.

A copy of the said Order and of the map referred to therein has been deposited at.......................................................and may be seen at all reasonable hours.

Any objection to the Order must be made in writing stating the grounds of objection to the Minister for Local Government, Custom House, Dublin, before the ⁴    day of         19  .

The Acts provide that

(a) if no objection is duly made by any person upon whom notices are required to be served or if all objections so made are withdrawn, the Minister may annul the Order or confirm the Order with or without modification;

(b) if an objection is duly made by any person upon whom notices are required to be served and such objection is not withdrawn and, as respects part of the land proposed to be acquired, no objection or only a withdrawn objection has been made, the Minister may annul the Order or confirm the Order with or without modification in so far as it relates to land to which no objection or a withdrawn objection has been made ; as respects the remaining land proposed to be acquired, the Minister shall cause a public local inquiry to be held into any objection not withdrawn and shall consider such objection and the report of the person who held the Inquiry and may then annul the Order or confirm the Order with or without modification in so far as it relates to such land;

(c) in any other case, the Minister shall cause a public local inquiry to be held and, having considered any objection not withdrawn and the report of the person who held the inquiry, may annul the Order or confirm the Order with or without modification.

SCHEDULE.

(Here insert description of the lands comprised in the Order).

Dated this        day of         19  .

Signed............................................................ ..........

Secretary of the Council.

Directions for filling up the Form.

Insert:

¹ Name, address and description.

² Description of property.

³ Short title of Order.

⁴ Here insert a date not less than fourteen clear days from the service of notice

Form 4.

ADVERTISEMENT OF FIRST CONFIRMATION OF COMPULSORY-PURCHASE ORDER FOR THE PURPOSES OF THE LABOURERS ACTS, 1883 TO 1948, CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT IN SO FAR AS IT RELATES TO LAND TO THE ACQUISITION OF WHICH NO OBJECTION OR ONLY A WITHDRAWN OBJECTION HAS BEEN MADE.

Council of the County of......................................................

............................................................ ............. ¹ Order.

Notice is hereby given that the Minister for Local Government in pursuance of the powers vested in him by the Labourers Acts, 1883 to 1948, confirmed (with modifications) the............................................................ .. ¹ Order, 19......, in so far as it relates to the lands described in the Schedule hereto to the acquisition of which no objection or only a withdrawn objection or withdrawn objections was or were made.

The Order, which entitles the Council of the County of............................................................ ..to acquire compulsorily the lands described in the said Schedule, will become operative as respects the said lands at the expiration of three weeks from the date of the publication of this advertisement.

A copy of the Order and of the map referred to therein has been deposited at..................................................... and may be seen at all reasonable hours.

SCHEDULE.

(Here insert description of the lands the acquisition of which is authorised by the Confirming Order).

Dated this........................................................day of ............................................................ ........................... 19......

Signed............................................................ .

Secretary of the Council.

Directions for filling up this form.

Insert:

¹ Short title of Order.

Form 5

ADVERTISEMENT OF SECOND CONFIRMATION OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE LABOURERS ACTS, 1883 TO 1948, CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT IN SO FAR AS IT RELATES TO LAND NOT INCLUDED IN THE FIRST CONFIRMATION ORDER.

Council of the County of..............................................

................................................... ¹ Order, 19......

Notice is hereby given that the Minister for Local Government, having previously confirmed the.................................................... ¹ Order, 19......, as respects land to the acquisition of which no objection or only a withdrawn objection or withdrawn objections was or were made, has in pursuance of the powers vested in him by the Labourers Acts, 1883 to 1948, confirmed the said Order (with modifications) in so far as it relates to the land described in the Schedule hereto.

The Order, which entitles the Council of the County of........................................................... to acquire compulsorily the lands described in the said Schedule, will become operative as respects the said lands at the expiration of three weeks from the date of the publication of this advertisement, but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the Order, the Court may, if satisfied that the Order is not within the powers of the Labourers Acts or that the interests of the applicant have been substantially prejudiced by any requirement of the said Acts not having been complied with, quash the Order in so far as it affects the property of the applicant.

A copy of the Order and of the map referred to therein has been deposited at................................................ and may be seen at all reasonable hours.

SCHEDULE.

(Here insert description of the lands the acquisition of which is authroised by the Confirming Order).

Dated this.................................................... day of............................................................ ..............................19........

Signed............................................................ ........

Secretary of the Council.

Directions for filling up this form.

Insert:

¹ Short title of Order.

² Name of County Council

ADVERTISEMENT OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE LABOURERS ACTS, 1883 TO 1948, CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT.

Council of the County of...............................................

......................................................... ¹ Order, 19......

Notice is hereby given that the Minister for Local Government in pursuance of the powers vested in him by the Labourers Acts, 1883 to 1948, on the........................ day of ............................................................ ., 19......, confirmed (with modifications) the............................................................ . ¹ Order, 19......, authorising the Council of the County of............................................................ ....... to purchase compulsorily for the purposes of the above-mentioned Acts the lands described in the Schedule hereto.

The Order will become operative at the expiration of three weeks from the date of this advertisement, but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the Order, the Court may, if satisfied that the Order is not within the powers of The act or that the interests of the applicant have been substantially prejudiced by any requirement of The act not having been complied with, quash the Order either generally or in so far as it affects any property of the applicant.

A copy of the Order and of the map referred to therein has been deposited at.............................................. and may be seen at all reasonable hours.

SCHEDULE

(Here insert description of the lands comprised in the Order).

Dated this .................................................. day of ............................................................ ............................. 19........

Signed............................................................ ....

Secretary of the Council.

Directions for filling up this form.

Insert

¹ Short title of Order.